Police Summoning a person from New Delhi to Kolkata on a facebook post.

Facebook post implying State bias towards a community:

The FIR contains a statement that the posts imply that:

(i) the State administration was going soft on the violation of the lock down at Rajabazar as the area is predominantly inhibited by a particular community and;

(ii) that the State administration is complacent while dealing with lock down violations caused by a certain segment of the community.

Reasonable Exercise of power of summoning:

The court must safeguard the fundamental right to the freedom of expression under Article 19(1)(a) of the Constitution. There is a need to ensure that the power under section 41A is not used to intimidate, threaten and harass.

Full Order of Supreme Court:

SLP(Crl) 4937/2020
1
ITEM NO.20 Court 6 (Video Conferencing) SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.4937/2020
(Arising out of impugned final judgment and order dated 29-09-2020
in CRAN No. 2/2020 passed by the High Court at Calcutta)
ROSHNI BISWAS Petitioner(s)
VERSUS
STATE OF WEST BENGAL & ANR. Respondent(s)

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